From Barco’s motion for SJ.

<Barco moves herein for summary judgment of noninfringement of U.S. Patent No. 5,809,336>

<Specifically, as more fully set forth herein, each claim of the ‘336 patent requires a microprocessor with a variable speed clock, and the accused microprocessors in Barco’s products lack a variable speed clock. Further, Barco states that the clocks in the accused products are fixed, not variable, and are thus the opposite of what the claims require. There is no need for claim construction, because there is no construction of variable speed clock that would be met by the accused products – they have a fixed clock.>

We may only need to document from chip manufacturer that the statement is false to obtain SJ against Barco on the 336. No need for Markman either. IMHO.

Opty